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HTMLUtah Federal Court Reiterates That Employees Are Only Entitled to Tips Under FLSA If A Tip Credit Is Applied
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 2, 2015
While many state laws regulate the distribution of gratuities (as well as service charges and other fees), the overwhelming judicial view, as originally set forth by the Ninth Circuit in Cumbie v. Woody Woo and joined by district courts in other jurisdictions, holds that an employee’s right...

 

HTMLUnions Urge OSHRC to Change Procedural Rules
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 9, 2015
In a January 23, 2015 letter to the U.S. Occupational Safety and Health Review Commission (“Review Commission” or “OSHRC”), the agency that adjudicates contested OSHA citations, several unions, including the National Council for Occupational Safety and Health (National...

 

HTMLMinnesota Supreme Court Allows Advice of Counsel Defense to Tortious Interference Claim in Non-Compete Dispute
V. John Ella; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 13, 2015
The Minnesota Supreme Court has affirmed lower court findings dismissing a claim of tortious interference with contract by a staff augmentation company that successfully sued a former employee and his new employer for breach of a non-compete agreement. Sysdyne Corp. v. Rousslang, et al, No....

 

HTMLMassachusetts Interscholastic Athletic Association To Implement Background Checks For Officials
Shawn N. Butte; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
Closing one of the last gaps in ensuring the safety of students from school workers in Massachusetts, the Massachusetts Interscholastic Athletic Association (MIAA) has approved an initiative requiring all high school referees to undergo criminal background checks by a unanimous vote of the board of...

 

HTMLControversial Dynamex Case Regarding Misclassification of Independent Contractors to be Reviewed by California Supreme Court
Jonathan A. Siegel; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 2, 2015
Employers received a welcome development late last week when the California Supreme Court decided to review the controversial Dynamex Operations West, Inc. v. Superior Court (SC S222732/B249546 rev. granted 1/28/15) regarding misclassification of independent contractors. This case is important...

 

HTMLCalifornia Intermediate Appellate Court Reverses Ruling Finding “On Call” Rest Breaks Violated State Law
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 9, 2015
Confronting a novel issue of state law in the wake of the California Supreme Court’s 2012 decision addressing California’s meal-and-rest break requirements, an appellate panel of the California Court of Appeal’s Second District ruled that a security firm did not violate rest break...

 

HTMLEighth Circuit Affirms Judgment on the Pleadings in Arkansas Non-Compete Case
V. John Ella, James L. Mulroy; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 16, 2015
The Eighth Circuit Court of Appeals has affirmed a lower court decision granting judgment on the pleadings to defendant in non-compete dispute based on Arkansas law. The decision in NanoMech, Inc. v. Suresh rested in part on the fact that the non-compete did not include a geographic limitation and...

 

HTMLCompany Pays For Taking Short Cuts to Start New Business
Martin W. Aron, Joseph C. Toris; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 6, 2015
A New Jersey state court judge has allowed a $10 million jury verdict to stand in favor of biotech firm GenScript USA in its trade secret and employee piracy claims against competitor, Genewiz, Inc. In October 2014, the jury had entered a multi-million dollar verdict in GenScript’s favor...

 

HTMLDistrict Court Affirms: Business Not Obligated to Pay $350,000 Performance Bonus to Employee Who Never Worked a Day
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 27, 2015
The importance of detailed drafting of employment documents - particularly those calling for commissions, bonuses or other types of incentive compensation - was highlighted recently by a plaintiff’s claim that, as a conditional hire who never worked a day at now-defunct Lehman Brothers, the...

 

HTMLChapter Two: Lawsuits Filed Challenging NLRB’s New Election Rules
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 21, 2015
Seeking a declaratory judgment and injunction against enforcement of the National Labor Relations Board’s new “quickie” election rule, on January 13, 2015, the Associated Builders and Contractors of Texas, Inc., Associated Builders and Contractors, Inc., Central Texas Chapter, and...

 


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